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S.I. No. 194/1979 - Air Navigation (Nationality and Registration of Aircraft) (Amendment) Order, 1979

Type Statutory Instrument

Publication 1979-06-01

Last updated 1996-11-04

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 6

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1996-11-04, S.I. No. 322/1996 - Irish Aviation Authority (Nationality and Registration of Aircraft) O…

Reform history JSON API

S.I. No. 194 of 1979.

AIR NAVIGATION (NATIONALITY AND REGISTRATION OF AIRCRAFT) (AMENDMENT) ORDER, 1979.

I, PADRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by sections 5 , 9 and 11 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946) (as amended by section 9 of the Air Navigation and Transport Act, 1950 (No. 4 of 1950)), the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), and the Transport and Power (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 305 of 1977 ), hereby order as follows:

1.

This Order may be cited as the Air Navigation (Nationality and Registration of Aircraft) (Amendment) Order, 1979.

2.

In this Order "the Principal Order" means the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ).

3.

This Order shall come into operation on the 1st day of July, 1979.

4.

The Principal Order and this Order may be cited together as the Air Navigation (Nationality and Registration of Aircraft) Orders, 1963 and 1979.

5.

The Principal Order is hereby amended by the insertion of the following paragraph after Article 7 (1):

"(1A) Without prejudice to paragraph (1) of this Article, a subsonic jet aircraft shall not be registered in the State for the first time unless the Minister is satisfied—

(i) that the noise made by the aircraft is not greater than the noise levels specified in Part I of the Schedule to the Air Navigation (Noise Certification and Limitation) Order, 1976 ( S.I. No. 250 of 1976 ); or

(ii) that the aircraft will be modified so as to qualify for noise certification in accordance with the requirements of Part I of the Schedule to the Air Navigation (Noise Certification and Limitation) Order, 1976, within 12 months of its registration in the State; or

(iii) that the aircraft is replacing an aircraft of the same type which is lost or irreparably damaged, that the replacement is made within one year from the date of the loss or damage and that the aircraft is not a non-noise certificated aircraft acquired to replace one which was noise certificated; or

(iv) that the aircraft is returned to an Irish operator on the termination of a leasing or charter arrangement of that aircraft pursuant to which the aircraft was being operated by a different operator before the commencement of this Order; or

(v) that the aircraft is acquired by an operator in exceptional circumstances and the operator satisfies the Minister that the maintenance of the Operator's operations would be unduly and unreasonably affected if the acquisition were prevented.".

6.

The Principal Order is hereby amended by the insertion of the following Article after Article 18:

"Cancellation of registration of subsonic jet aircraft.

"18A. Where an aircraft is registered in the State for the first time because the Minister is satisfied that it complies with Article 7 (1A) (v) of this Order, the Minister may, without prejudice to any other power of cancellation of registration conferred by this Order, cause the registration of that aircraft to be cancelled at any time after the 31st day of December, 1984."

GIVEN, under my Official Seal, this 1st day of June, 1979.

PÁDRAIG FAULKNER,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The Order amends the Air Navigation (Nationality and Registration of Aircraft) Order, 1963 ( S.I. No. 88 of 1963 ). As from 1st July, 1979 any subsonic aircraft for first time registration in the State shall not, subject to certain exceptions, be registered unless it complies with the noise standards as specified in Part I of the Schedule to the Air Navigation (Noise Certification and Limitation) Order, 1976.

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